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Shoosmiths

Article

Importance of legal representation before regulatory bodies

28 March 2013

The appellant was a midwife employed at an NHS hospital, who faced 13 allegations at a Conduct and Competence Committee of the Nursing & Midwifery Council (NMC) McDaid v Nursing & Midwifery Council [2013] EWHC 586 (Admin). The allegations, which spanned three years, concerned dishonesty, breaches of confidentiality, unprofessional and aggressive conduct, and the sending of inappropriate and aggressive correspondence while at work.

At a preliminary meeting of the NMC, the appellant raised an issue about the constitution of the proposed Conduct and Competence Committee, saying one of the committee members was an acquaintance of one of the people who had made false allegations against her. The constitution of the committee was not changed, however, and it proceeded in Ms McDaid’s absence, although it was shown that she had been given appropriate notice of the hearing under the Nursing & Midwifery (Fitness to Practise) Rules 2004. The committee found 12 out of the 13 allegations faced by Ms McDaid proved, and as a result her fitness to practise as a midwife was impaired…

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